University  of  California  •  Berkeley 


A  STATEMENT 


OF  THE  FACTS,  PERTAINING  TO  THE 


PROCLAMATION  OFMARTIALLAW 


OVER  PIERCE  COUNTY,  W.  T.,  BY  GOV.  ISAAC 

I.  STEVENS  AND  THE   PROCEEDINGS 

OF  THE  COURT  MARTIAL  IN  THE 

ATTEMPT  TO  TRY  CITIZENS 

FOR 


TEE AS 


CONTAINING  THE  GOVERNOR'S  VINDICATION  AND  THE 
TRIAL  AND  DISCHARGE  OF  THESE  CITIZENS. 


STEILACOOM,  JUNE  24, 


1856. 


.17 


h 

NOTE. 

Several  persons  in  Pierce  county  W.  T.  were  arrested  by  order 
of  Gov.  Isaac  1.  Stevens.  A  part  of  these  persons  he  ordered  to  be 
tried  by  a  Court  Martial,  composed  of  Volunteer  Officers,  on  a  charge  of 
treason,  but  failing  in  this,  a  complaint  was  made  to  the  civil 
authority  and  the  persons  so  complained  of  have  been  examined  and  dis 
charged,  nothing  being  found  against  them.  v 

Notwithstanding  their  discharge,  certain  persons  still  continue,  to  do 
the  accused  parties  injustice,  it  is  therefore  determined  to  give  the  facts 
in  the  case,  with  the  proceeding  of  both  courts,  that  every  one  may  have 
an  opportunity  to  judge  for  himself,  as  to  the  guilt  or  innocence  of  tho 
accuse^,  and  of  the  propriety  or  impropriety  of  proclaiming  Martial  lawj 
Not  disposed  to  do  the  Gov.  the  least  injustice,  his  vindication  for  his 
course  will  be  found  in  this  paper. 

JL 


•.rife 


MSI 


. 


On  the  9th  day  of  March,  Isaac  W.  Smith,  acting  Secretary  of  the  Ter 
ritory  by  order  of  Gov.  Stevens  proceeded  to  older  L.  A.  Smith,  John 
McLeod,  Charles  Wren  and  others  in  their  vicinity,  to  leave  their  claims 
and  reside  either  at  Olympia,  Nisqually  or  Steilacoom.  McLeod, 
whose  team  had  been  pressed  into  the  service,  was  consequently  absent 
at  the  time,  Mr.  Sec.  Smith,  sent  him  a  written  order  to  the  same  effect. 

After  a  hasty  preparation,  these  persons  moved  to  Steilacoom,  on  the 
12th,  leaving  most  of  their  property  exposed  to  destruction,  by  whoever 
might  chance  to  find  it.  After  remaining  several  days  in  the  village, 
Mr.  Murry,  one  of  those  who  had  been  ordered  in,  wrote  to  Go-v.  Ste 
vens  ibr  permission  to  g:>  home  for  a  loa  \  of  provision,  but  received  no 
answtr.  All  the  proscribed  persons,  aArare  of  the  communication  hav 
ing  been  sent,  were  awaiting  the  result,  until  convinced  that  no  answer 
would  be  given,  de'ermined  to  go  without  the  permit.  Mr.  L.  A.  Smith, 
who  had  a  large  quantity  of  potatoes,  h-arning  that  they  were  being  de 
stroyed,  con ti  acted  them  at  much  less  than  their  current  value^  and  went 
to  his  claim,  expecting  the  teams  there  next  day  to  take  them  away. 
The  contracting  parties  on  their  way  out,  hearing  that  Smith's  property 
had  been  destroyed,  turned  back,  and  the  next  day  Smith  was  arrested. 
The  same  day  Charles  Wren  who  contracted  his  grain  to  the  local  In 
dian  agent  at  Steilacoom,  for  the  use  of  the  department,  was  arrested 
immediately  upon  his  arrival  at  home.  John  McLeod  bearing  the  fol 
lowing  letter  was  arrested  the  same  day. 
41  To  the  Commander  of  Volunteer  companies,  Pierce  county  W.  T. 

Mr  John  McLeod  having  made  an  agreement  with  me  for  the  quantity  of 
wheat  he  has  on  hand,  the  wheat  being  for  the  use  of  the  friendly  Indians,  on 
the  Steilacoom  reserve,  and  it  being  required  as  soon  as  he  can  thrash  the 
wheat  and  bring  it  to  mill,  you  will  therefore  please  render  him  such  assistance 
as  you  possibly  can,  as*it  is  absolutely  necessary.  SAMUEL  McCxw. 

Steilacoom  March  Zoi/i  1850.  Spec.  Ind.  Agt." 

The  following  day,  Henry  Murry  and  Peter  Wilson  went  to  camp 
McLeod,  to  obtain  permission,  if  possible,  of  the  Commander  of  the 
Volunteer  forces  at  that  place,  to  go  homo  for  a  load  of  provisions,  were 
arrested  immediately  upon  their  arrival  at  camp  and  placed  under  guard. 

McLeod,  Wren,  John  McPhail,  L.  A.  Smith  and  Henry  Smith,  were 
taken  immediately  to  Olympia  before  the  Governor,  who  ordered  them 
to  be  taken  to  i^t.  Steilacoom,  with  a  request  to  Col.  Casey,  to  place 
them  in  close  Confinememt  and  there  retain  them  until  the  close  of  the 
war  or  until  he  should  summon  a  Military  Commission  or  Court  Mar 
tial,  to  try  them. 

The  next  day  after  their  arrest,  Murry  and    Wilson  were  taken   to 
Olympia,  and  after  four  days  had    elapsed,    were   granted  an   interview 
with  the  Governor.     A  few  days  after,   at  the  solicitation  of  Dr.  J.  B. 
Webber,  the  following  permit  was  given  them  : 
"  EXECUTIVE  OFFICE  TEH.  WASH.  APRIL  TTH  1856. 

Messrs.  Murry  and  Wilson,  have  permission  to  go  to  Steilacoom,  Dr.  Web 
ber  agreeing  to  be  responsible  for  their  remaining  there.     They  will  not  be  al- 
t:o  1$«VY$  Steilacoom,  except  under  a  permit,  signed  by  me. 

ISAAC  I  STEVENS  Gov.  and  Coin'd.-iu-ChieC' 


This  order  Mid  permit,  have  not,  up  to  tin's  date,  been  revo  ked,  ar.d 
Messrs.  Marry  and  Wilson,  are  still  prisoners,  although  they  have  not 
been  charged  with  anything.  Mr.  McPhail  and  Henry  Smith  have  r.l- 
8O,  without  charges  being  preferred  against  them,  been  retained  as  pris 
oners,  allowed  however,  with  a  written  permit,  to  return  to  Steiia- 
eoom  on  parole. 

About  the  middle  of  April,  Mr.  Murry  again  addressed  a  note  to  the 
Gov.,  for  permission  to  go  home  for  provisions  and  was  refused. 

The  prisoners  who  were  confined  in  the  guard  house  at  Ft.  Steila 
coom,  made  application  to  Judge  F.  A.  Chenoweth,  for  a  writ  of  Habeas 
Corpus,  whereupon  Gov.  Stevens  declared  Martial  Law.  (xcc  last  page.) 

Finding  that  Col.  Casey  would  not  refuse  to  obey  the  civil  Jaw,  and 
that  the  prisoners  would  be  given  up  upon  the  service  of  the  writ,  Gov  . 
Stevens  removed  them  again  to  Olyrnpia. 

At  the  time  appointed  by  law  for  holding"  the  U.  S.  District  Court 
for  Pierce  county,  Judge  F.  A.  Chenoweth  was  unable,  from  severe  ill 
ness,  to  attend,  and  made  a  written  request  to  Chief  J  ustice  Lander,  to 
hold  the  said  court  in  his  stead.  Judge  Lander  arrived  at  Steilacoom 
on  the  5th  day  of  May  and  finding  that  he  would  be  forcibly  prevented 
from  holding  court  and  being  desirous  to  prevent  a  collision  between 
the  civil  authorities  and  the  volunteers,  adjourned  court  until  Wednes 
day  the  7th,  for  the  purpose  of  writing  to  the  Governor  and  inducing 
him  to  revoke  martia  \  law.  The  Governor  however  refused  to  do 
*o,  and  sought  to  instruct  Judge  Lander,  that  he  might  adjourn  from 
any  time  until  the  next  term  of  the  court. 

Judge  Lander,  conceiving  he  had  done  his  duty,  proceeded  to  the  Court 
House  and  opened  court  in  due  form,  and  caused  the  Grand  Jury  to  be  * 
empanelled  and  qualified.  During  this  time,  the  court  was  interrupted 
by  Lieut.  Col.  Shaw  warning  the  Judge  that  he  had  orders  to  arrest 
him,*to  which  the  Judge  made  no  reply,  but  directed  the  Dept.  U.  S. 
Marshal  to  enforce  order  in  court  and  prevent  any  armed  men  (there 
being  some  twenty  in  the  house  and  about  forty  without)  from  entering 
inside  the  bar.  Col.  Shaw  still  persisting  in  his  intention  and  the  Dpty . 
Marshal  being  unable  to  prevent  their  entry  without  the  assistance  of  a 
posse  ^  which  the  Judge  refused  to  call,  to  prevent  the  effusion  of  blood) 
the  clerk  was  ordered  to  record  a  fine  of  one  hundred  dollars  against 
every  man  who  came  inside  the  bar  with  arms  in  his  hands.  The  Grand 
Jury  were  also  directed  to  retire  to  their  room,  and  have  not  yet  been 
discharged.  Finding  that  Judge  Lander  could  not  be  intimidated  into 
submission,  the  volunteers  under  orders  of  Lieut.  Col.  Shaw,  proceeded 
to  force  him  from  his  seat,  and  the  Clerk,  John  M.  Chapman  from  his 
desk  and  taking  both  under  an  armed  force,  to  Oiympia,  to  answer  be 
fore  Gov  Stevens  for  disobeying  his  edicts. 

After  two  or  three  days,. the  clerk  was  discharged  with  the  threat  that 
if  he  ventured  to  do  any  more  business  he  would  be  arrested  and  put  in 
close  confinement.  [Judge  Lander  attempted  to  hold  court  at  Olympui. 
Martial  law  was  declared  over  Thurston  county  and  he  taken  prisoner 
and  sent  to  camp  Montgomery.] 

Immediately  upon  the  removal  of  Judge  Lander  from  the  courthouse 
in  Steilacoom,  the  members  of  the  Bar  and  citizens  met  and  each  in  the 


most  solemn  manner  condemnened  the  transactions  of  the  day  as  dan 
gerous  and  despotic.  Upon  the  receipt  of  this  information,  Gov.  Ste 
vens  published  the  following  vindication. 

"  The  undersigned  h;is  had  his  attention  called  to  a  circular,  expressing  the  views  of  the  bar  and  of 
I1!*1  the  citizens  of  Pierce  county  in  regard  to  his  recent  actions  as  executive  of  the  territory,  in  pro 
claiming  and  enforcing  martial  law  in  Pierce  county. 

•'  At  a  public  meeting  of  the  said  bar  and  of  the  citizens,  the  course  of  the  undersigned  is  pronounced 
(lemwHc  and  unnecessary,  and  a  solemn  protest  made  against  it  as  a  most  dangerous  and  unprece 
dented  invasion  of  the  rights  of  the-  judiciary,  and  as  an  act  which  called  for  the  prompt  interferenc» 
and  action  of  the  national  government. 

"  The  views  of  sa'd  bar  and  citizens  as  embodied  in  resolutions,  are  prefaced  by  a  statement  of  th* 
facts,  go'n<r  to  show  that  there  was  scarcely  even  a  pretense  of  a  cause  for  the  action  of  the  execu 
tive  in  suspending  the  functions  of  the  court. 

u  This  net  only'cont  lins  palpable,  errors  of  fact,  but  the  whole  paper  is  highly  colored,  and  is  calcu 
lated  to  give  a  wrorg  impression  of  the  actual  condition  of  aff-iirs  in  that  county. 

"  The  underp'phed  deems  it  therefore  due  to  the  vindication  of  his  own  official  action  to  present 
the  reasons  and  facts,  why  in  his  judgment  he  was  called  upon  by  an  over-ruling  public  necessity  to 
proclaim  and  enforce  inarib'l  law. 

"  On  the  3d  day  of  April,  lS!>fi,  martial  law  w««s  proclaimed  in  and  throughout  Pierce  county  by  the 
nn-ler<»igned  for  the  reasons  set  forth  in  his  proclamation  in  these  words:  (See  l«st  page.) 

"  What  was  the  condition  of  the  territory  and  of  Pierce  comity  at  the  time  of  issuing  that  proclama 
tion,  and  what  ha*  been  its  condition  for  months  previously? 

"  An  Indian  war  had  been  rag'nsr.  where  neither  ape,  sex  or  condition  had  been  spared,  whole  fam 
ilies  had  been  inhumanly  massacred,  alarm  and  consternation  pervaded  the  whole  territory.  The 
setlers  of  the  terri'ory  we  e  in  a  state  of  siege,  families  1'ving  in  b'ock-houses  with  a  few  men,  and 
the  majority  of  citizens  in  arms,  actively  pursuing  the  enemy  in  order  to  end  the  war. 

"  There  was  however,  an  exception  n«  regards  "  certain  evil  disposed  persons  "  of  Pierce  county. 
They  remained  in  securi'y  on  their  claims,  receiving  the  visits  of  the  hostiles,  furnishing  them  with 
provisions,  pr'vinsr  tbem  infonmtinn.  acting  as  their  spies,  and  in  every  way  affording  them  aid  and 
oomfgrt.  These  persons  lived  on  the  o"ts'kirts  of  the  settlements,  in  posit'ons  where  the  Indians  had 
easy  access  to  them,  and  on  *he  l;ne  where  were  the  depots  of  the  military  operations,  and  which  wt* 
the  b^^e  of  the  military  movements. 

"  There  i«  grave  can*;;  o'bere'  not  only  that  these  persons  fraternized  with  the  hostiles,  but  that 
they  were  the  main  nrVinal  canse  of  the  war,  and  at  a  meeting  last  Christinas  they  determined  to 
keep  np  the  war  confident  thn*  they  would  be  ga;ners  by  it' 

"  AH  these  are  matters  o' public  notor'erty  arid  have  been  for  many  months.  The  attention  of  th« 
undersigned  was  called  to  it,  imTred'-it -ly  on  his  return  by  acting  governor  Mason,  who  expressed  tLc 
judgment,  that  at  least  they  should  be  at  once  ordered  in,  and  removed  from  the  theater  of  activo 
nprrat'ons. 

"  His  attention  was  afterwards  called  to  it  by  thnt  "  veteran  and  energetic  "  officer.  Lieutenant  CoK 
( iasey,  commanding  the  military  district  of  Pnget  Sound,  and  who  had  been  informed  by  an  Indiaa 
l>riso  er  from  Leschi's  camp  that  the  movement  of  the  troops  had  been  communicated  to  Leschi  by 
*ne  of  those  "  ivil  disposed  persons." 

"  The  undersigned  was  unwiHin?  to- resort,  to  Inrsh  measures  unless  an  imperious  public  necessity 
demanded  it,  and  he  l!mi*ed  his  action  to  calling  the  attention  of  the  military  to  those  men,  and  to  di 
rect  that  they  be.  carefully  witched. 

"  The.  murder  of  White*' nd  Northern,  ft  decided  what  was  his  duty  in  the  emergency.  These  mur 
derers  had  the'r  hiding  places  in  the  N'sqnal'y  bpttom,  and  drew  supplies  from  these  "  evil  disposed 
persons."  Th'-y  were  m*t  and  greeted  by  them  in  friendship  with  the  blood  yet  on  their  hands. 

"  The  undersigne-1  accordingly  determined  to  order  them  in  as  a  preliminary  step,  and  to  execute 
this  duty,  lie  secured  the  services  of  a  most  prudent  and  efficient  man,  Isaac  W.  Smith  Esq.,  the  act 
ing  secretary  of  the  territory. 

"  The  order  wns  executed  with  kindness  and  moderation.  Several  days  were  allowed  to  take  awaj 
their  effects.  They  hnd  the  choice  of  residence,  Olympia,  Ft.  Nisqually,  or  Steilacoom,  arid  arrange 
ments  were  made  to  furnish  them  with  provisions. 

u  So  great  was  the  public  ind'gnation  at  this  time,  that  it  was  an  indispensible  measure  of  precau 
tion,  in  order  *o  protect  the  lives  of  tbese  persons  from  the  justice  of  an  outraged  community. 

"  The  arrest  of  these  "  evil  disposed  persons  "  had  the  most  happy  effect  upon  the  friendly  Indians. ' 
who  believed  and  knew  tha.t  they  had  stirred  up  the  war  and  confederated  with  the  hostiles.  The 
friendly  Indians  hecnn  to  have  confidence  in  an  authority  which  treated  all  enemies  as  enemies,  even 
t.houih  some  had  the  skins  of  white  men. 

"  In  defiance  of  these  orders,  these  setlers  returned  to  their  claims,  and  re-established  intercourw 
with  the  Indians.  The  military  officers  sent  them  in,  stating  that  they  had  acted  as  spies  and  had 
pa.ra'ized  their  operat'ons. 

"  Accordingly  they  were  sent  to  the  station  at  Steilacoom  under  charges,  and  Lt.  Col.  Casey  re- 
tfeived  them. 

"It.  may  be  asked  here,  how  it  was  that  these  tnen  were  able  to  keep  up  intercourse  with  the  hostlles 
wilder  the  circumstances. 

"  These  men  have  Indian  wives  and  families,  who  have  connexions  in  the  hostile  bands,  fathers, 
brothers,  and  other  near  relatives,  and  so  far  as  the  undersigned  is  informed,  they  sympathise  with 
them  in  the  war.  These  "  evil  disposed  persons  "  are  mostly  the  retired  servants  of  the  foreign  cor 
porations  in  our  midst,  and  they  have  a  deadly  antipathy  'to  the  dominant,  that  is  the  American 
power  here.  . 

"  In  connection  with  these  reasons  of  public  necessity  for  proclaiming:  martial  law,  it  will  be  perti- 
»ent.«to  correct  some  of  the  mis-statements  of  the  circular. 

"  It  is  not.  true  that  Lt.  Col.  Casey  refused  to  receive  the  prisoners.  He  did  recieve  them,  but  vrhea 
*he  writ  of  habeas  corpus  was  about  to  be  issued,  and  the  undersigned  in  consequence  proclaimed 


martial  law,  he  asked  to  be  relieved  of  their  charge,  doubting  whether  the  proclamation  could  relieve 
him  from  the  obligations  of  obeying  the  requisitions  of  the  civil  authority. 

"  Nor  is  it  tme,  as  stated  in  the  circular,  that  all  the  persons  under  charges  were  at  Olympia,  a 
portion  were  at  Steilacooru,  and  the  remaining  persons  ordered  hi  were  either  at  Steilacoorn,  or  Ft. 
Nisqually,  within  the  limits  of  Pierce  county. 

"  Nor  is  it  true,  as  st  ited  in  the  c'rcular,  that  the  Indians  have  been  so  far  subdued,  as  that  these  per 
sons  could  not  communicate  with  them.  The  hostiles  have  infested  the  Nisqually  bottom  within  the  last 
fortnight,  and  they  could  have  access  to  these  settlers  without  much  difficulty,  whatever  was  the  num 
ber  of  troops  operating  against  them,  unless  each  of  theso  persons  was  under  a  constant  guard,  and 
his  family  under  guard  also. 

"These  are  facts  well  known  to  all  persons  acquainted  with  the  Topography  of  the  country,  and  the 
situation  of  the  claims  of  these  persons. 

"  Nor  is  it  true  that  the  proclamation  was  sent  only  to  a  few  Military  officers.  It  was  posted  uj» 
publicly  at  Steilacoorn,  and  was  known  to  every  citizen  of  the  county. 

"When  the  undersigned  learned  that  a  writ  of  habeas  corpus  was  about  to  issue  to  free  these  "  evil 
disposed  persons  "  from  the  power  of  the  Military,  he  determined  to  meet  it  by  the  proclamation  of 
martial  law. 

"The  writ  of  habeas  corpus  could  not  only  be  issued  in  favor  of  the  persons  in  confinement  at  thu 
Station  near  Steilacoom,  but  also  in  favor  of  those  on  parole,  at  Nisqually,  Steilacoom  and  Olympia. 
The  result  would  have  been  to  paralize  the  military  in  their  exertions  to  end  the  war,  and  to  send  in 
to  their  midst  a  band  of  Indian  spies  and  sympathisers.  There  would  have  been  at  once  a  conflict 
and  lives  would  have  been  lost. 

"  It  is  true  that  since  the  proclamation  of  martial  law  a  great  change  for  the  better  has  taken  place 
in  the  condition  of  the  war.  Through  the  vigorous  action  of  all  the  troops,  regulars  and  volunteers, 
the  Indians  have  been  repeatedly  struck,  many  have  been  killed  and  taken  prisoners,  and  the  hope 
is  indulged  that  in  a  few  weeks  the  war  may  be  ended. 

"  Yet  eveiy  reflecting  man  must  see  that  this  is  the  critical  period  of  the  war,  when  it  is  to  be  de 
termined  whether  the  war  can  soon  be  ended,  or  whether  the  contest  is  to  be  continued  another  year. 
Within  ihe  last  fortnight,  houses  and  barns  have  been  burned  in  The  county  of  Thurston.  The  Indi 
ans  have  announced  their  determination  to  lay  waste  the  settlements.  Those  east  of  'he  Cascadei* 
have  declared  they  would  transfer  the  war  to  the  Sound,  a  measure  to  be  apprehended  in  view  of  the 
known  fact  that  they  have  had  the  services  of  one  band  of  sixty  m  n,  commanded  by  the  son  of  the 
Yakima  chief,  Owhi.  It  is  no  time  for  the  nefarious  practices  of  Indian  spies  and  syu  pnthizers. 

»4  At  this  critical  stage,  therefore,  the  undersigned  learned  with  great  surprise  that  the  court  was  to 
be  held  by  Chief  Justice  Lander  ;  and  he  was  the  more  astonished  at  the  reasons  given  by  the'Chief 
Justice  in  the  letter  from  hin  to  the  undersigned,  which  is  referred  to  in  the  circular. 

"  The  undersigned  had  given,  as  the  circular  states,  orders  to  Lieut.  Col.  Shaw  to  examine  the  con 
dition  of  things,  and  to  advise  him  of  the  earliest  practicable  period  it  would  be  safe  to  revoke 
martial  law. 

"  The  report  of  Col.  Shaw  was,  that  it  was  indispensibly  necessary  to  enforce  martial  lave.  A  let 
ter  from  him  w'.ll  accompany  this  paper,  giving  his  reasons  therefor.* 

"  The  reasons  of  public  necessity  for  holding  the  cournt,  as  set  forth  in  the  letter  of  Chief  Justice 
Lander  and  in  the  circular,  though  they  do  not  touch  upon  the  principle  of  the  case,  need  to  be  re 
ferred  to  as  illust-ative  of  the  spirit  of  the  whole  transaction.  It  is  said  that,  one  of  the  cases  was* 
a  suit  of  the  United  States  r*.  the  former  Collector  of  Puget  Sound  and  ought  to  be  tried.  Now  tln.« 
case  was  originally  brought  before  the  courts  of  Thurston  county,  and  a  change  of  venue  was  had  to 
Pierce  county,  in  Judge  Chenoweth's  district,  on  sworn  affidavits  that  Chief  Justice  Lander  wax 
prejudiced  and  would  notify  the  case  fairly.  The  other  moat  important-.case  was  changed  from 
Thurston  to  Pierce  for  the  same  reason. 

"  As  to  the  danger  of  col  ision  which  is  referred  to,  it  may  be  said  the  event  showed  no  such  danger. 
The  armed  force  was  small.  A  great  portion  of  the  citizens  of  Pierce  county  are  in  the  field  against 
the  enemy,  a'id  are  well  advised  of  the  necessity  of  the  step  taken  by  the  executive. 

"  The  unders'gned  did  unquestionably  suggest  to  Chief  Justice  Lander  the  adjoi  rn'ng  of  the  court  till 
June,  at  which  time  it  was  believed  the  necessity  for  martial  law  would  have  passed  away,  and  he 
did  venture  the  expression  of  the  opinion  that  the  power  thus  to  adjourn  the  court  was  fairly  to  be 
implied  from  the  wording  of  the  statute. 

"  The  undersigned  having  come  to  the  conclusion  that  martial  1  'w  was  indispensible  to  protect  the 
lives  of  the  citizens,  for  reasons  set  forth  in  this  paper,  determined  to  enforce  it  by  the  arrest  of  the 
Judge  and  Clerk,  which  was  done  with  moderation  and  decorum  by  Lieut.  Col.  Shaw. 

"  It  is  simply  a  question  as  to  whether  the  executive  has  power,  in  carrying  on  the  war,  to  take 
a,  summary  course  with  a  dangerous  band  of  emissaries,  who  have  been  the  confederates  of  the  In 
dians  throughout,  and  by  their  exertions  and  sympathy  can  render,  to  a  great  extent,  the  military 
operations  abortive.  It  is  a  question  as  to  whether  the  military  power,  or  public  committees  of  the 
citizens  without  law,  as  in  California,  shall  see  that  justice  is  done  in  the  cas, . 

"And  he  solemnly  appeals  to  the  same  tribunals  before  which  he  has  been  arraigned  in  the 
circular,  in  vindication  of  his  course,  being  assured  that  it  ought  and  will  be  sustained  as  an  impe 
rious  necessity  growing  out  of  the  almost  unexampled  condition  of  things-. 

ISAAC  I.  STEVENS, 

Olympia,  May  10,  1856."  Governor  Territory  of  Washington 

*  Col.  Shaw  says  that  he  did  preface  a  note  to  the  Gov.  that  martial  law  could  be  dispensed*with 
but  afterwards  becoming  convinced  of  its  necessity,  he  recomended  it  be  enforced. 

Instead  of  these  "  evil  disposed  persons  "  being  "  exceptions,"  there 
were  at  the  time  of  their  arrest  and  still  are  several  families  living  in 
different  parts  of  the  county,  and  in  exposed  situations,  who  have  never 
been  interrupted.  The  Indians  have  preferred  a  system  of  thieving, 


rather  than  the  more  dangerous  one  of  murder,  and  the  settlers  that 
have  staid  steadily  at  home,  since  the  first  wild  burst  of  savage  frenzy 
that  moved  the  Indian  at  the  commencement  of  the  war.  have  succeeded 
in  saving  their  property.  The  murder  of  White  and  Northcraft  is  the 
exception  and  the  band  of  Indians  that  committed  this  deed  have  ever 
since  contented  themselves,  with  secreting  in  the  woods,  stealing  and 
destroying  property  where  there  was  least  danger.  And  instead  of 
these  "  evil  disposed  persons  greeting "  the  murderers  of  White  and 
Northcraft  in  friendship,  a  prosecuting  witness,  Mr.  Galagher,  estab 
lishes  the  fact  that  Mr  Smith  went  forthwith  and  gave  the  information 
to  the  volunteers,  as  will  be  seen  by  the  conversation  between  Mr.  Wells, 
Commissary  at  Camp  Montgomery,  and  the  witness,  as  given  in  evidence 
before  U.  S.  Commissioner. 

It  is  a  fact  that  other  citizens  of  the  territory,  some  of  them  in  ex 
posed  situations  and  hi  the  vicinity  of  where  those  murders  were  com 
mitted,  were  then  on  their  claims  and  with  the  spirit  that  has  character 
ized  the  hardy  pioneers,  not  only  of  this  community,  but  of  the  whole 
American  people,  chose  to  remain  and  defend  their  homes  to  the  last. 

As  to  the  time  allowed  for  removing  their  effects,  we  insert  the  fol 
lowing  letter,  which  was  sent  to  Mr.  McLeod. 

"  WASHINGTON  TERRITORY,  MARCH  9  — 

Sir:   ' 

I  am  instructed  by  the  Governor  to  require  you  to  remove  to  Fort  Nis- 
qually,  without  delay,  with  your  family.     I  shall  be  absent  for  a  day  or  two, 
and  like  to  find  you  in  readiness  to  remove  on  my  return. 
Very  respectfully  yours, 

ISAAC  W.     SMITH,  Acting  Sec.  W.  T." 

But  desirous  that  the  whole  matter  go  before  the  public  unbiased, 
we  forbear  further  comment. 

pie  proceedings  of  the  Court  Martial  and  of  the  examination  before 
the  Commissioner,  are  exact  copies  of  the  original  records. 


• 
COURT   MARTIAL. 


CAMP  MONTGOMERY  W.  T.,  MAY  20m  1856, 

iProceedings  of  a  General  Court  Martial  or  Military  Commission,  convened  at 
^Camp  Montgomery  Washington  Territory,  by  virtue  of  an  order  from  Isaac  I. 
Stevens  Governor  of  the  Territory  of  Washington  and  Commander-in-Chief  of 
the  volunteer  forces  thereof. 

12  O'CLOCK  M.  MONDAY,  MAY  20ra  1856. 
The  Court  met  pursuant  to  the  said  order.    Present, 


Lieut.  Col.  J.  S.  HURD,  Aidccarap  to  Commander-in-Chief 

Major  H.  J.  G.  MAXON,  Southern  Batl.  2nd  Regt.  W.  T.  V.      '  v,;i 

Capt.  C.  W.  SWINDLE,  2nd  Regt.  W.  T.  V. 

Capt  W.  W.  DBLACY,  2nd  Regt.  W.  T.  V. 

Lieut.  A.  SHEPHERD  2nd  Regt.  W.  T.  V. 

VICTOR  MONROE,  Judge  Advocate 
QINCY  A.  BROOKS  Recorder. 

,     The  order  convening  this  Court  not  being  present,  the    Court  adjourned  un 
til  to-morrow  at  12  o'clock  M. 

CAMP  MONTGOMERY,  12  O'CLOCK  M.  MAY  21  ST.  1856. 

The  Court  met  pursuant  to  adjournment,  The  following  is  the  order  con 
stituting  this  Court  and  which  was  omitted  to  be  inserted  in  yesterday's  pro 
ceeding,  to-wit : 

"  Special  Order,  Office  Adg't  Gen1!.  W.  T.  V.  Olympia  May  16th  1856. 
A  General  Court  Martial,  or  Military   Commission   will   assemble   at   Camp 
.   Montgomery/on  the  20th  of  May  1856,  for  the  purpose  of  trying  such  persons 
as  may  be  brought  before  it. 

'(Signed)  JAMES  TILTON,  Adg't  Gen. 

By  order  of  the  (Jov.  and  Com'd-in-Chief  W.  T.  V."  * 

u  Members  of  the  Commission,  Lieut.  Col.  Hurd,  Maj.  Maxon,  Capt.  DeLacy, 
Lieut.  Shepherd,  Supernumerary,  Lieut  S.  B.  Curtis,  W.  T.  V.  Judge  Advocate, 
Victor  Monroe.  (Signed)  JAMES  TILTON,  Adg't  Gen.  W.  T.  V." 

Present,  Lieut,  Col.  Hurd,  Major  H.  J.  G.  Maxon,  Capt.  C.  W.  Swindle, 
Capt.  W.  W.  DeLacy,  Lieut.  A.  Shepherd  and  Supernumerary  S.  B.  Curtis. 

Present  also  the  Judge  Advocate  and  Recorder.  The  Recorder,  at  the  re 
quest  of  the  Judge  Advocate,  read  the  order  convening  this  Court.  The  lie- 
order,  at  the  request  of  the  Judge  Advocate,  read  the  charges  and  specifica 
tions  of  charges  against  Lyon  A.  Smith,  Charles  Wren  and  John  McLeod.  The 
Judge  Advocate  then  made  a  written  application*  (A)  appended  to  these  pro 
ceedings,  asking  an  adjournment  of  the  Court,  in  order  to  obtain  authority  to 
amend  the  charges.  Thereupon  the  Court  was  cleared  for  deliberation  and 
after  mature  deliberation,  the  Court  adjourned  until  one  o'clock  p.  M. 

CAMP  MONTGOMERY  W.  T.,  1  O'CLOCK  p.  M.  MAY  22o  1856. 
The  Court  met,  pursuant  to  adjournment.  Present,  Lieut,  Col.  J.  S.  Qurd,- 
Maj.  H.  J.  G.  Maxon,  Capt.  C.  W.  Swindle,  Capt.  W.  W.  DeLacy,  Lieut.  A. 
Shepherd  and  Supernumerary,. Lieut.  S.  B.  Curtis.  Present  also  Judge  Advocate 
and  Recorder.  The  Judge  Advocate  presented  a  4th  specification  ordered  by 
the  Commander-in-Chief,  which  was  ordered  by  the  Court  to  be  filed  and  which 
is  annexed  to  the  original  specifications. 

The  Judge  Advocate  asked  leave  to  amend  the  phraseology  in  the  second 
specification,  substituting  the  word  "were"  for  "was"  in  the  4th  line,  and  in 
the  8th  line  the  word  "  they"  for  "he."  Whereupon  the  Court  was  cleared 
for  deliberation  and  after  mature  consideration,  the  Court  ordered  the  pro 
posed  amendments  to  be  made.  A  copy  of  the  4th  specification  having  been 
delivered  to  Lyon  A.  Smith,  Charles  AYren  and  John  McLeod,  the  orderly  ser- 
"•eant,  brought  into  Court,  Lyon  A.  Smith.  The  Judge  Advocate  read  aloud  to 
The  prisoner,  the  order  convening  this  Court  and  the  charges  and  the  specifica 
tion  of  charges  (marked  B.  appended  to  these  proceedings)  and  asked  him  if 
he  had  any  cause  of  challenge,  to  any  member  of  the  Court  mentioned  in  the 
warrant  order,  to  which  the  accused  answered  he  had  no  objection  to  any  mem 
ber  of  the  Court.  The  Judge  Advocate  administered  the  oath  prescribed  by 
law,  to  all  the  members  of  the  Court  and  to  the  Supernumerary,  and  the  Pres 
ident  Lieut.  Col.  J.  S.  Hurd,  administered  the  required  oath  to  the  Judge  Ad 
vocate. 

The  prisoner  asked  to  be  allowed  as  council  Wm.  H.  Wallace,  B.  F.  Kendal 
and  Frank  Clark  Esqrs.     Whereupon  the  Court  was  cleared  for  deliberation, 


and  after  mature  deliberation  granted  the  request  of  the]  prisoner,  and  allowed 
said  gentlemen  to  act  as  his  council. 

The  prisoner  by  his  council  then  offered  a  written  protest  or  plca^C)  to  the 
jurisdiction,  appended  to!]  these  proceedings.  The  Judge  Advocate  phaving 
asked  for  time  to  reply  to  the  plea  of  the  prisoner,  the  Court  adjourned  un 
til  to-morrow  at  8  o'clock  A.  M. 

CAMP  MONTGOMERY  W.  T.,  8  O'CLOCK  A.  M.  MAY  23D  185C. 
The  Court  met  pursuant  to  adjournment.     Present,  all  the  members  of  the 
Court,  Supernumerary,  Judge  Advocate  and  Recorder. 

Ly.m  A-  Smith,  the  accused,  also  present.  Upon  reading  the  proceedings 
of  yesterday,  the  prisoners' made  the  following  written  request: 

Mr.  President, — L.  A.  Smith  requests  that  the  plea  to  the  jurisdiction  be 
copied  into  and  form  a  part  of  the  record  of  the  trial.  L.  A.  SMITH. 

The  Court  was  cleared  for  deliberation  and  after  consideration  the  Court  or- 
.  dered  the  pita  to  be  entered  on  the  record  and  is  as  follows,  viz 

Mr.  President, — Lyon  A.  Smith  protests  against  the  competency  of  this 
Commission  or  Court  Martial,  for  want  of  jurisdiction,  on  several  grounds, 

1st.  The  allegations  and  charges  set  forth  in  the  specifications,  constitute 
the  crime  of  treason,  which  can  alone  be  tried  in  the  civil  courts  of  tho  United 
States. 

2d.  Citizens  cannot  he  tried  either  by  Courts  Martial  or  Military  Commission. 

3d.     This  is  not  a  legalh*  constituted  tribunal,  i  nasmuch  as   the   Volunteer 

forces  of  this  Territory  are  not  organized  under  the  Militia  law  of  this  Territory, 

or  under  any  law  of  the  United  States  and  that  this  Court  has  been  ordered  by 

u  person  incompetent,  legally  to  do  so. 

4th.  That  neither  Militia  or  Volunteer  forces,  until  mustered  into  the  ser 
vice  of  the  United  States,  are  amenable  to  or  authorized  to  institute  an}'  Milita 
ry  Court,  as  they  have  no  authority  conferred  by  the  constitution  and  laws  of 
the  United  States  or  by  the  statutes  of  this  Territory. 

5th.  That  the  order  for  this  Court  Martial  or  Military  Commission,  makes 
it  a  special  Commission  and  does  not  designate  the  persons  to  be  tried  by  said 
Commission.  .  Lyon  A.  Smith-. 

The  Judge  Advocate,  then  read  the  following  paper,  marked  (D)  viz. 
Mr.  President  and  gentlemen  of  the  Court, — The  allegations  and  charges  set 
forth  in  the  specifications  against  L.  A*.  Smith  the  accused,  are  that  he  did 
knowingly  harbor,  protect  and  assist  with  victuals,  ammunition,  shelter,  sym 
pathy  and  friendship,  certain  marauding  bands  of  hostile  Indian*,  waging  un 
lawful  war  in  Washington  Territory,  against  the  United  States.  And  any  per 
son  guilty  of  such  an  offence  is  subject  to  the  jurisdiction  of  a  Court  Martial  or 
Military  Commission,  whether  he  be  a  citizen  or  alien. 

This  is  a  legally  constituted  tribunal,  having  been  called  by  Isaac  I  Stevens, 
Governor  of  the  Territory  of  Washington  and  Commander-in-Chief  of  the  Vol 
unteer  forces  of  the  territory,  now  in  the  field,  called  out  by  his  proclamation 
and  co-operating  with  the  regular  forces  against  the  common  enemy,  now  wa 
ging  war  in  said  Territory  against  the  United  States.  The  said  Isaac  I.  Stevens 
in  his  capacity  as  Coinmander-in-Chief  being  perfectly  competent  to  call  out 
such  forces.  The  warrant  order  for  this  Court  Martial  or  Military  Commission 
does  not  make  it  a  special  commission,  but  on  the  contrary,  it  is  a  general  com 
mission,  to  try  all  persons  that  may  be  brought  before  it,  and  under  the 
charge  and  specifications  filed  against  the  accused,  he  has  been  regularly 
brought  before  this  court. 

It  is  therefore  asked  that  the  protest  or  plea  of  L.  A.  Smith  filed,  may  be 
overruled  and  that  he  be  required  to  answer  over.  V.  MONROE. 

Judge  Advocate. 

Whereupon  the  court  was  cleared  for  deliberation  and  after  a  short  time 
spent  in  consideration,  the  court  was  opened,  the  prisoner  brought  in  and  the 


10 

President  announced  that  the  decision  of  the  court  would  be  made  known  at 
1  o'clock, this  afternoon,  to  which  time  the  court  then  adjourned. 

CAMP  MONTGOMERY  W.  T.  1  O'CLOCK  p.  M.  MAY  23n  1856. 

Court  met  pursuant  to  adjournment.     Present,  all   the   members,   Supernu 
merary,  Judge  Advocate,  Recorder  and  L.  A.  Smith  the  accused.     The  court 
was  then  cleared  for  deliberation  and  after  mature  consideration  the  court  gave  • 
the  following  opinion,  viz. 

The  charge  against  Lyon  A.  Smith  is  "aiding  and  comforting  the  enemy." 
AVe  are  of  the  opinion  that  such  an  offence  constitutes  the  crime  of  treason, 
and  that  this  court  has  no  jurisdiction  as  a  military  court  to  try  and  punish  a 
person  for  such  an  offence. 

We  are  however  of  the  opinion  that  this  court  was  ordered  by  a  competent 
authority,  and  that  it  is  legally  and  constitutionally  created  and  hasjurisdiction 
of  such  crimes  as  are  cognizable  by  military  tribunals. 

The  court  then  adjourned  until  Monday  May  26th  1856.  at  1  o4clock  p.  M. 

Liut.  Col.  JARED  S.  KURD.  Pres. 
Maj.    II.  J  G.  MAXON.  S.  B. 
Capt.  C.  W.  SWINDAL,  2d  Regt.  W.  T.  Y. 
Capt.  W.  W.  DELACY,  W.  T.  V. 
ANDREW  SHEPHERD. 

CHARGES  AND  SPECIFICATION  OF  CHARGES  AGAINST  LYON  A.  SMITH. — CHARGE 
— Aiding  and  Comforting  the  Enemy 
IST  SPECIFICATION. 

In  this  that  during  the  period  between  the  1st  of  June  1855  and  the  20th   of 
April  1856,  the  said  Lyon  A.  Smith  did  in  divers  ways,  exhibit   friendship  for 
und  did  give  aid  in  furnishing  shelter  to  certa  n  Indians  at  war  with  the  United 
States,  during  a  part  of  the  above  period. 
2o  SPECIFICATION. 

In  this  that  the  said  Lyon  A.  Smith  did  pretend  to  a  right  to  be  neutral  in  a 
war  in  which  he,  as  a  citizen  of  the  U.  S..  was  bound  to  give  aid  to  the  Milita 
ry  of  the  .United  States,  and  that  he  neglected  to  give  information  relative  to 
the  movements  of  maurauding  bands  of  Indians  engaged  in  unlawful  war,  when 
he  could  have  given  such  information  conveniently,  tut  did  not  until  the  pos 
sibility  of  such  information  being  useful  to  the  Military  of  the  U.  S.  had  ceased 
from  lapse  of  time. 
3D  SPECIFICATION. 

In  th's  that  the  said  Lyon  A.  Smith  was  cognizant  of  the  designs  of  certain 
Indians  to  make  war  upon  the  citizens  of  the  U.  S.  in  Washington  Territory, 
and  did'  not  use  any  endeavors  to  prevent  such  unlawful  war,  nor  inform  the 
authorities  of  said  Territory  of  such  designs. 

(Signed)  JAMES  TILTON,  Adgt.  General  W.  T.  Vol. 

By  order  of  the  Gov.  and  Commander-in-chief. 
4TH  SPECIFICATION. 

tin  this  that  on  the  tenth  day  of  March  1856,  the  said  Lyon  A.  Smith,  Charles 
Wren  and  John  McLeod  were  ordered  by  Isaac  I  Stevens,  Governor  and  Com 
mander-in-chief  of  the  volunteer  forces  of  Washington  Territory,  to  retire  from 
their  land  claims  (situated  ,n  the  country  inhabited  and  infested  by  said  mau 
rauding  Bands  of  hostile  Indians,  waging  unlawful  war  against  the  United 
States)  and  to  take  up  their  residence,  until  the  termination  of  Indian  hostili 
ties,  in  either  the  town  of  Olympia  or  Steilacoom  or  Ft.  Nisqually,  that  the 
said  Smith,  Wren  and  McLeod  did  withdraw  from  their  said  land  claims,  but 
afterwards  without  authority  or  permission,  returned  to  their  homes  to  re-es 
tablish  unlawful  communication  and  intercourse  with  said  hostile  Indians  by 
relieving  them  with  victuals  and  ammunition  and  knowingly  harboring,  pro- 
Acting  and  holding  correspondence  with  them. 

(Signed)  JAMES  TILTON,  Adgt,  General  W.  T.  V,. 

By  order  of  the  Commander-in-chief  W.  T.  Vol. 


11 

•  P 


Not  being  able  to  obtainjthe  remainder  of  the  proeeclings  of  the  Court 
Martial,  it  is  impossible  to  publish  it.  On  the  29th  day  of  May,  Capt. 
W.  W.  DeLacy,  a  member  of  the  Court  Martial,  who  without  hearing 
any  testimony,  makes  oath  that  he  verily  believes  the  persons  (naming 
those  they  had  been  attempting  to  try)  have  been  guilty  of  aiding  the  ene- 
myand  prays  that  the  charge  be  inquired  into. 


U.'S.  COMMISSIONER'S  COURT. 

United  States  "]          CHARGE.     "  Giving  aid  and  comfort  to  ike  Indians 

vs  |  with  whom  the  United  States  are  at  war." 

Charles  Wren,  }• 

Lyon  A.  Smith  Before  J.   M.  Bachelder,    U.   8.    Commissioner,  3d 

and  John  McLeod.  J  Judicial  district  Washington  Territory. 

W.  W.  DeLacy  having  made  oath  against  the  defendants  named,  as  will  ap 
pear  by  the  affidavit  fa'led  herein,  in  words  and  figures  following,  that  is  to  say, 

"  W.  W.  Delacy  personally  appeared  before  me  this  29th  day  of  May,  A.  D. 
1 856  and  made  the  following  affidavit :  that  Charles  Wren,  Lyon  A.  Smith  and 
John  McLeod,  between  the  1st  day  of  October  1855  and  March  1856,  as  he 
verily  believes  were  in  the  habit  of  giving  aid  and  comfort  to  the  Indians  with 
which  the  United  States  were  at  war,  he  therefore  prays  that  said  charge  may 
be  inquired  into  by  the  court.  (Signed)  W.  W.  DELACY. 

Subscribed  and  sworn  to  before  me,  this  29th  day  of  May   A.  D.  1856. 

(Signed)  P.  A.  CHENOWETH,  Judge." 

And  the  said  Judge  (F.  A.  Chenoweth)  having  ordered  a  warrant  to  issue,  di 
rected  to  the  U.  S.  Marshal  of  said  Territory  for  the  arrest  of  said  Charles 
Wren,  Lyon  A.  Smith  and  John  McL"od  returnable  before  James  M.  Bachelder 
U.  S.  Commissioner,  in  and  for  the  third  Judicial  District  of  said  Territory,  anu 
thereupon,  and  before  the  issuing  of  said  warrant,  the  said  Charles  Wren, 
Lyon  A.  Smith  and  John  McLeod,  did  give  themselves  up  to  the  said  Marshal, 
and  duly  appeared  before  the  said  Commissioner,  attended  by  their  council. 

And  now,  Saturday  May  31st  1856 \  the  affidavit  tiled  herein  is  read  to  the 
said  defendants  and  a  copy  of  the  list  of  witnesses,  to  be  examined  on  the  part 
of  the  United  States,  is  served  upon  the  defendants. 

And  it  aopearing  to  the  commission  that  the  United  States  District  Attorney 
of  the  Territory  was  not  present,  Victor  Monroe,  Esquire,  was  appointed  to  act 
as  District  Attorney  pro  tern. 

Archibald  Taylor,  produced  and  Sworn. 

Do  you  know  anything  of  the  defendants  having  committed  the  crime 
charged?  » 

Ans.     I  do  not. 

Lieut.  Silas  R  Curtis  (of  Capt.  Maxon's  company  "W.  T.  V.)  produced,sworn 
and  examined. 

Do  you  know  these  defendants  f 

Ans.      I  do. 

Were  you  at  the  house  of  either  of  these  defendants  on  Christmas  night  f 
Ans.  I  was  not. 

Do  you  know  of  your  own  knowledge  of  either  of  these  defendants  having 
tided  the  enemy  ? 

Ans.  I  know  nothing  but  circumstantial  evidence. 
State  what. 

On  the  20th  of  March  I  went  up  there  to  McLeod's  with  a  wagon.    Sa\r 


12 

•  - 

a  potatoe  hole  freshly  opened  and  mocasin  tracks  near  it.  McLcod  was  not 
there — saw  him  at  Murry's — spoke  to  him — asked  him  if  he  staid  at  his  place. 
He  said  he  staid  at  the  barn.  He  said  he  knew  of  no  Indians  about  there. 
We  staid  thereabout  until  Mr.  McLeod  was  arrested.  Guns  were  occasionally 
i\red  abou  t  McLeod's  house.  Saw  McLeod  go  into  the  timber  several  tim^F. 
After  his  arrest,  the  next  day,  hooting  and  the  report  of  a  gun,  was  heard  in 
the  direction  of  the  timber. 

Where  mere  those  guns  fired,  and  do  you  know  who  fired  them? 

Ans.  1  do  not  know.  It  was  between  the  20th  of  March,  and  the  first  of 
April,  he  used  to  go  into  the  timber. 

What  conclusion  did  you- form  ax  to   the  communications  of  McLeod,  with 
the  Indians  ?  * 

Question  objected  to,  by  defendants,  and  objection  sustained. 

Joseph  Thibeau,  appeared,  and  was  excused  from  further  attendance  at  the 
request  of  District  Attorney. 

There  being  no  other  witnesses  in  attendance,  upon   the  application    of  the 
District.  Attorney,  adjourned  until  Monday,  the  2d  day  of  June  at  9  o'clock. 
MONDAY,  JUNE,  2d.  1850. 

Met  pursuant  to  adjournment.  Elwood  Evans  Esq.,  appeared  and  filed  a 
certificate  of  his  appointment  by  Hon.  F.  A.  Chenoweth,  Judge  &c.,  to  repre 
sent  the  United  States,  in  the  present  examination. 

William  Olute,  produced,    sworn  arid  examined. 

/State,  what  you  know  of  this  matter. 

Charles  Bell  and  myself,  went  from  camp  on  Christmas,  to  go  to  Sandy 
Smiths,  Lyon  A.  Smith  is  the  man  I  mean.  He  is  known  every  where  as  San 
dy  Smith.  Went  to  Mr.  Murry's  Mr.  Murry  was  lying  on  the  porch  with 
his  feet  frozen.  Wren,  Sandy  Smith,  Ross  and  Bell  with  us,  went  over  to 
Smiths.  While  there,  Wilson  and  another  man  came  in.  Soon  an  Indian 
came,  Winyea  by  name — Came  for  "cultis." — had  no  gun — hkd  on,  green 
blanket — said  he  was  alone.  I  went  put — saw  other  Indians  on  horseback. 
Went  in — saw  Winyea,  putting  money  into  a  purse.  I  told  Wren  we  ought 
to  arrest  this  Indian.  lie  said  he  thought  it  unsafe,  as  they  were  without 
urrns,  and  the  Indians  were  armed.  In  the  morning  saw  John  McLeod.  He 
said  Indians  came  to  his  house,  and  he  gave  them  some  potatoes. 

Peter  Butler,  produced,  sworn  and  examined. 

I  was  at  work  at  Wrens.  I  heard  a  party  of  Indians,  coming  as  I  thought. 
1.  told  Mr.  Wren  so.  We  armed  ourselves — soon  someone  knocked  at  the  door 
— Wren  asked  who  it  was.  Indian  answered,  Slackamas.  I  advised  Wren  to 
open  the  door.  Wren  did  so.  Slackamas  and  others  came  in — said  Leschi, 
wished  him  to  talk  to  the  tyee,  about  peace.  They  said  they  did  not  desire  the 
friendly  Indians  to  come  to  their  camp,  as  they  could  not  believe  them. 

Dr.  Wm.  F.   Tolmie,  produced,  sworn  arid  examined. 

State  what  you  know  of  your  own  knowledge,  about  this  cluirge  against  the 
prisoners. 

I  know  that  Mr.  Burge  one  night  last  winter,  came  to  my  house  for  a  hone, 
k>  go  to  Steilacooin,  to  let  Capt.  Keys  know  that  Indians  had  been  to  Mr.  Smiths. 
In  February  last,  McLeod  came  to  tell  me  that  Leschi,  had  left  his  house  that 
morning,  and  desired  him  to  come  to  me.  I  do  not  know  how  long  he  was 
there — Leschi  desired  peace,  and  wished  McLeod  to  say  that  he  had  ahvayn 
been  friendly  to  the  whites.  Leschi  wished  me  to  go  out  with  McLeod  to  seo 
him,  but  revoked  the  wish  through  fear  that  soldiers  would  come,  while  he 
was  waiting,  Mr.  Wren  came  in  and  said  Leschi  and  others,  had  been  at  hig 
house  and  desired  peace.  Mr.  McLeod  went  to  Steilacoom  with  me,  to  tell  the 
officers  at  the  Post.  I  heard  from  Mr.  Burge  that  Indians  had  been  at  Mr. 
isiniths — Mr  Burge  said  merely,  that  the  Indians  had  been  there,  and  I  inferred 
from  his  conversation  that  Wren,  Smith  and  McLeod,  wanted  aid  from  Steila^ 


V  if 

13 

coom.  Oar  Shepherds  of  the  Puget  Sound  farms  were  out  in  that  region,  guard 
ing  their  sheep  and  were  not  molested.  Mr.  Murry  was  taken  as  an 
American,  and  lived  there.  McDonald  who  lived  at  McLeod's,  and  now  live* 
at  Victoria  Vancouvers  Island,  said  to  me,  that  McLcod  had  offered  him  twen 
ty  live  dollars,  to  report  these  Indians  to  the  Post  at  Steilacoom. 

Isaac  W.  Smith,  (acting  Secretary  of  the  Territory,)  produced  and  sworn. 

State  what  you  know  of  your  own  knowledge  in  regard  to  these  defendants. 

I  was  sent  by  the  Governor,  to  order  these  men  in  fnorn  their  claims.  Sandy 
Smith  remarked  he  thought  it  hard,  to  drive  him  in  from  his  claim.  After  ar 
riving  at  Olympia,  I  asked  him,  Smith,  if  he  would  shoot  an  Indian,  if  he  saw 
one.  He  said  no.  That  he  desired  to  let  the  Indians  alone  if  they  would  him. 
The  day  I  went  out  from  Olympia, the  body  of  Northcraft  was  found, and  I  saw  it. 

1  think  Smith  told  me  he  saw  the  Indian  who  had  been  supposed  to  have 
murdered  Northcraft.  When  I  was  ordered  out  I  was  told  to  take  a  large 
force  on  account  of  danger  from  Indians. 

Crosx  examined  by  defendants. 

Mr.  Northcraft  was  killed  near  Yelin  prairie,  ten  or  twelve  miles  from  the 
defendants.  Mr.  White  nearer  Olympia.  Captain  Ford  and  Mr  Gosnell  told 
me  they  had  traced  the  Indians  in  the  direction  of  the  country  in  the  neigh 
borhood  of  Wrens,  Smiths  and  McLeods. 

Henry  Smith,  sworn. 

I  know  the  prisoners  at  the  bar.  I  saw  an  Indian  at  Sandy  Smith's  house 
on  Christmas  day.  1  do  not  know  that  they  gave  the  Indians  anything.  Mr. 
Smith  asked  the  Indian  where  he  came  from.  He  said  from  the  Pityallup. 
He  asked  the  Indian  what  he  wanted.  lie  said  he  thought  Sandy  Smith  was 
at  Nesqually,  and  not  living  at  his  place.  Mr.  Smith  asked  what  he  wanted,  if 
he  thought  no  one  was  living  there.  He  said  he  was  only  looking  around.  I 
left  Smiths  and  went  over  to  Mur»ys.  McLeod  came  next  morning,  and  said 
.some  Indians  had  been  at  his  house  the  day  before.  He  said  Leschi  was  there. 
This  was  the  morning  after  Christmas.  I  thought  they  came  to  steal  whatever 
they  could.  He  was  there  when  I  left.  This  Indian  is  reported  to  be  one  of 
Leschi's  band.  McLeod  said  he  offered  a  man  twenty  dollars,  to  go  into  Steil 
acoom,  and  report  the  Indians  there,  and  he  was  afraid  to  go.  I  do  not  know 
of  any  Indians  having  visited  Wrens.  McLeod  told  me  after  that,  that  some 
Indians  came  there,  expressing  a  desire  to  make  peace.  These  defendants  were 
not  disturbed  ;  when  Sandy  Smith  left,  his  house  was  broken  into. 

Pei-er  Wilson,  produced  sworn  and  examined.  . 

I  know  these  defendants.  I  saw  one  Indan  at  Smith's  house  on  Christ 
inas  day,  an  old  Indian  called  Winyea.  Said  he  came  from  Puyallup. 
He  said  he  thought  Smith  had  moved  to  Nisqually,  and  came  to  see.  "  I  left 
him  there.  I  know  nothing  else,  having  lived  at  Steilacoom. 

Charles  IF.  Bell,  produced,  sworn  and  examined. 

I  know  the  deieadants. 

Do  you  know  of  these  men  or  either  of  them,  having  given  any  information 
food  or  other  aid  to  the  hostile  Indians  ? 

I  know  nothing  of  the  matter.  I  belong  to  Captain  Maxons  company.  1 
was  living  at  Mr.  Wren's.  I  was  arrested  with  Mr.  Wren — saw  Mr  Smith  ar 
rested — .*>aw  nothing  at  Mr.  McLeod.  1  lived  at  Wrens  twenty  five  days — 
*aw  no  Indians  there  during  th^t  time.  I  belonged  to  Capt.  Wallace's  compa 
ny.  I  was  at  Mr.  Smiths  on  Christmas,  and  saw  Indians — there  were  more 
than  live  in  number  there,  who  came  in  the  night,  and  stopped  some  live  min 
utes — I  did  not  know  either  of  them.  The  Indians  spoke  in  their  own  tongue,, 
and  I  could  not  understand  them.  The  Indian  came  in,  lighted  his  pipe,  and 
talked  with  Mr.  Smith's  wife,  an  Indian  woiium,  and  left.  Sandy  Smith  was 
there,  but  said  nothing.  I  know  nothing  of  Indians  having  visited  McLeod'* 
house — nerer  heard  McLeod  say  anything  about  the  matter.  1  have  stated  all 
1  know  on  th«  subject. 


14 

The  District  Attorney  here  gave  notice,  that  he  had  examined  all  the  wit 
nesses  which  were  in  attendance,  and  asked  for  au  Alias  Subpoena,  to  the 
marshal,  for  the  following  persons,  to-wit :  William  Campbell,  Mari  Hagit, 
George  Gallagher,  William  Legg,  F.  Gravaille,  James  Burk,  William  Goddard 
Gordon  0.  Taylor  and  Willam  Lackin,  which  was  issued,  returnable  to-morrow 
Tuesday  morning  at  ten  o'clock,  and  tiien  adjourned,  until  Tuesday  morning  at 
ten  o'clock,  * 

TUESDAY  JUNE  ad.  1856. 

William  Campbell,  produced  sworn  and  examined. 

I  know  nothing  of  my  own  knowledge  in  regard  to  either  of  these  parties 
having  afforded  aid  and  comfort  to  the  Indians.  Nothing  but  what  1  have 
heard  at  camp  or  from  Indians.  Was  at  Wren's  house  and  at  McLeod's.  Saw 
Indian  tracks  back  of  McLeod's  on  a  little  prairie,  say  three  miles  distant 
The  Indians  had  killed  a  beef,  it  waa  in  the  latter  part  of  March,  and  the  beef 
had  been  killed  some  four  or  live  days  before  ;  in  fact  some  of  the  meat  wa§ 
still  there. 

That  country  would  not  be  safe  for  rne.  Hostile  Indians  were  found  within 
a  few  miles,  a  camp  of  them  were  found  about  six  miles  from  there.  It  appear 
ed  that  the  Indians  were  travelling  there,  backward  and  forward  all  the  time. 
The  Indians  had  stolen  horsjes  on  Yelm  prairie  from  Longmire's  and  Brail's. 
By  their  tracks  we  followed  them  up — they  crossed  a  creek,  and  the  water  wan 
still  riled.  We  soon  found  a  horse  which  they  had  left.  We  were  now  goini; 
from  the  locality  of  these  men's  places.  I  should  call  this  hostile  country — J 
mean  where  they  lived.  I  have  seen  them  on  their  claims  from  time  to  time, 
when  I  deemed  it  hostile  country. 

John  Me P hail  produced  sworn  and  examined. 

I  was  at  McLeods  house  on  Christinas  night — an  Indian  came  in  and  soon 
after  others — nine  in  all — one  always  talked.  McLeod  asked  the  Indian  about 
how  the  war  began,  what  occasioned  the  beginning.  He  said  they  (the  whites) 
wanted  to  take  the  chief  up  to  Olympia,  and  keep  him  there — they  did  not  like 
that,  and  so  they  began  the  war.  They  were  there  more  than  two  hours. 
There  were  four  of  us  there — Jessee  Varner,  Angus  McDonald,  McLeod  and 
myself.  I  make  out  nine  Indians.  They  came  about  t\velve  o'clock  at  night. 
We  were  playing  cards.  McDonald  went  to  the  door  to  get  some  lire- wood, 
and  the  Indians  met  him  at  the  door.  McDonald  is  now  at  Vancouvers  island  ; 
he  went  there  in  January.  We  stopped  playing  cards  while  they  were  there. 
The  Indians  did  no  harm  there  and  went  oil'.  They  stole  nothing,  I  never 
heard  of  it.  L  was  not  present  or  do  not  know  of  any  other  visits  by  Indians. 
George  (jallaghcr,  produced,  sworn  and  examined. 

I  was  one  of  the  party  who  warned  these  persons  in.  I  had  charge  of  half 
the  company.  I  was  present  at  Mr.  Smith's  place.  I  now  mean  the  lirst 
warning  immediately  after  the  murder  of  White  and  Northcraft.  It  was  some 
time  about  the  middle  of  March,  say  from  the  lOtii  of  that  month.  I  was  at 
Smith's  house  before  that  time.  lie  stated  in  my  presence,  that  a  party 
of  Indians  passed  that  way  on  th  v  morning  after  the  murder  of  White  and  that 
they  crossed  Muck  creek,  and  pointed  out  to  me  the  place  of  their  crossing. 
When  he  saw  the  party,  he  had  supposed  that  they  were  volunteers  and  went 
toward  them  to  give  them  information  as  to  the  best  crossing.  He  had  not 
gone  far,  before  he  saw  they  were  Indians  and  knew  the  crossing  as  well  aw 
he.  They  rode  up  to  him.  I  think  he  said  there  were  eleven  in  the  party,. 
They  had  a  blue  horse  they  were  leading,  and  on  one  or  more  of  their  horse* 
they  had  little  packs,  which  he  said  he  took  to  be  Northcraft's  sacks  for  oats. 
He  stated  also  that  the  Indians  said  that  it  was  White's  horse  and  that  White 
was  killed.  This  occurred  before  they  were  warned  in.  We  told  Smith  that 
they  were  to  be  warned  in.  This  was  not  the  order  which  was  executed  by 
Mr.  Sec.  Isaac  W.  Smith.  This  was  the  expedition  under  charge  of  Mr.  Doty, 
who  was  detained  at  Stcilacoom.  Smith  stated  that  he  started  lor  camp  imme- 


15 

dwtely  after  the  Indians  left  him— to  both  Camp  Montgomery  and  Fort  Steil- 
acoom.  On  my  netting  to  Oamp  Montgomery  that  night,  Mr.  W.  P.  Wells  told 
me  that  Sandy  Smith  had  been  there  and  given  the  information  he  said  ho 
would  do. 

Mr.  Wren,  Mr.  Smith  being  present,  asked  me  at  Steilacoom,  after  they  came 
in,  what  my  advice  would  be  about  going  back  to  their  claims.  I  told  him  it 
would  be  unvnse  to  return  without  permission  of  the  Governor.  I  thought  he 
would  be  liable  to  be  shot  by  some  of  the  volunteers.  He  then  asked,  what 
can  we  do  ?  He  wanted  to  get  in  some  crops,  and  1  think  some  produce. 

I  proposed  their  organizing  a  company  to  report  to  Governor  Stevens,  and 
add  to  their  number  others  above  suspicion  to  make  up  the  necessary  force  to 
go  to  the  claims  of  each  other  until  their  crops  were  all  in.  lie  expressed  his 
entire  willingness  in  the  plan  suggested. 

The  whole  country,  at  this  time,  was  in  a  state  of  war,  and  the  settlements 
abandoned.  There  were  many  signs  of  Indians  in  this  locality.  I  was  one  o± 
a  guard  to  protect  wagons — we  deemed  a  guard  necessary.  After  conducting 
the  wagons  to  a  safe  point  as  we  thought,  we  left  to  go  to  Mr.  Smith's  house. 
We  met  Mr.  Wren,  he  told  us  that  if  we  wished  to  find  Indians  we  could  find 
them  at  a  point  of  timber,  to  which  he  pointed,  he  thought  we  could  find  them 
there.  He  was  alone  looking  for  horsey.  He  told  us  that  they  had  rim  a  man 
who  was  after  Murrey's  cattle,  into  a  house.  At  the  time  I  speak  of,  these  men 
and  their  families  were  on  their  claims — a  few  days  afterward  I  found  Mr. 
Smith  there. 

It  appearing  by  the  return  of  the  Dpty.  U.  S.  Marshal  that  he  had  served 
the  alias  subpoena  issued  on  the  2nd  Juno,  and  returnable  this  day,  and  that 
Francis  Gravaille,  Mari  Haguet  and  William  Legg  had  been  duly  served 
therewith  and  did  not  appear  as  therein  summoned,  on  motion  of  the  acting 
U.  S.  District  Attorney,  It  is  ordered  that  a  writ  of  attachment  be  directed  to 
the  U.  S.  Marshal  to  take  the  said  persons,  and  bring  them  forthwith  before, 
the  Commissioner,  and  it  appearing  that  the  Marshal  would  require  till  1  o'clock 
r.  M.  of  Wednesday  to  serve  the  said  writ,  the  Commissioner  then  adjourned 
the  examination  until  Wednesday  the  4th  of  June  at  1  o'clock  r.  M. 

WEDNESDAY,  JUNE  4th  185G. 

William  Legg^  produced,  sworn  and  examined. 

I  was  at  Wren's  house  in  April  last.  On  Christmas  day  last  I  saw  ten  In 
dians  on  the  Canadian  prairie  at  LeTour's  house.  He  is  a  Canadian,  now  at 
work  for  Dr.  Tolmie.  It  is  four  or  five  miles  from  Wren's.  Among  those  Indi 
ans  was  Leschi,  Lula  and  Slackamas.  These  were  all  I  knew.  I  talked  with 
them.  I  was  lying  in  bed  and  they  broke  open  the  door  and  rushed  into  the 
house.  They  told  me  they  wished  to  make  a  treaty,  and  did  not  wish  to  fight 
at  all.  They  staid  above  an  hour.  This  was  between  8  and  9  o'clock  at 
night.  I  have  been  at  Wren's  house  and  have  never  seen  any  Indians  there. 
The  Indians  told  LeTour  that  they  were  corning  into  Elk  prairie  if  a  treaty  wan 
not  made,  and  that  they  were  going  to  give  the'whites  a  fair  fight.  This  is  all  1 
know  of  the  matter. 

Wesley  Gosnell,  produced,  sworn  and  examined. 

I  know  nothing  except  what  friendly  Indians  have  told  me. 

By  the  return  of  the  Marshal,  this  day  made,  it  appearing  that  Mari  Haguet 
and  Francis  Gravaille  could  not  be  found,  the  District  Attorney  here  closed  on 
the  part  of  I  he  United  States. 

And  now  on  motion  of  acting  U.  S.  District  Attorney,  it  is  ordered  that  the 
defendant,  Charles  Wren,  be  discharged  from  further  custody  of  the  U.  S. 
Marshal  on  the  charge  preferred  on  the  affidavit  herein  filed,  and  that  the  said 
defendant  be  allowed  to  go  hence  without  day. 

And  after  argument  of  Council  being  had,  the  Commissioner  held  the  matter 
under  advisement  as  regards  the  two  defendants,  John  McLeod  and  Lyon 


r.r' 

1C 

A.  Smith,  and  then  adjourned  until  Thursdy  morning,   the  5th  of  June,   &t 
U  o'clock. 

THURSDAY,  JUNE  5th,  1856. 

And  now,  June  5th  1856,  after  mature  deliberation  upon  the  foregoing  evi 
dence,  and  the  argument  of  the  Council  herein  had,  it  is  ordered  by  the  com 
missioner  that  the  said  John  McLeod  and  Lyon  A.  Smith,  be  discharged  from 
the  custody  of  the  U.  S.  Marshal,  on  the  charge  preferred  in  the  affidavit  herein 
filed,  and  that  the  said  defendants  be  allowed  to  go  hence  without  day. 


PROCLAMATION. 

"Whereas  in  the  prosecution  of  the  Indian  war,  circumstances  have  existed 
affording  such  grave  cause  of  suspicion,  such  that  certain  evil  disposed  per 
sons  of  Pierce  county  have  given  aid  and  comfort  to  the  enemy,  as  that 
they  have  been  placed  under  arrest  and  ordered  to  be  tried  by  a  military 
joinmission ;  and  whereas,  efforts  are  now  being  made  to  withdraw,  by  civ 
il  process,  these  persons  from  the  purview  of  the  said  commission. 

Therefore,  as  the  war  is  now  being  actively  prosecuted  throughout  nearly 
the  whole  of  the  said  county,  and  great  injury  to  the  public,  and  the  pi  ins  of 
the  campaign  be  frustrated,  if  the  alleged  designs  of  these  persons  be  not 
arrested,  1,  Isaac  I  Stevens,  Governor  of  the  Territory  of  Washington,  do  here 
by  proclaim  MARTIAL  LAW  over  the  said  county  of  Pierce,  and  do  by 
these  presents  suspend  for  the  time  being  and  till  further  notice,  the  func 
tions  of  all  civil  officers  in  said  county. 

Given  under  my  hand  at  Olympia,  this  third  day  of  April,  eighteen  hundred 
and  fifty-six,  and  the  year  of  Independence  of  the  United  States  the  eightieth. 

ISAAC  I.  STEVENS." 

After  the  proclamation  of  martial  law,  the  subsequent  seizure  of  the 
Judge  and  Clerk  of  the  Court,  and  the  attempt  to  try  citizens  by  a  court 
.martial,  there  had  b<^en  no  material  change  in  affairs,  when  the  abro 
gation  which  is  appended,  made  its  appearance.  The  prisoners  were 
still  pressing  for  a  writ  of  Habeas  Corpus  to  bring  them  to  trial  before 
the  proper  authorities.  In  fact,  the  U.  S.  Marshal  was,  at  the  time  of 
the  abrogation,  in  search  of  Col.  Shaw,  to  arrest  him  for  disobedience 
uf  said  writ. 

"Whereas,  certain  persons  charged  with  giving  aid  and  comfort  to  the  enemy, 
In  the  existing  Indian  war  were  arrested  by  my  orders  for  the  purpose  of  bring 
ing  them  to  trial  before  a  Military  Commission  ;  and  whereas  to  prevent  the 
execution  of  the  design  of  certain  evil  disposed  persons  to  take  from  the  custo 
dy  of  the  military,  the  persons  so  charged,  martial  law  was  declared  successive 
ly  in  the  counties  of  Pierce  and  Thurston,  and  whereas,  the  persons  so  charged 
have  been  retained  in  military  custody  and  have  been  brought  before  a  Military 
<  Commission,  and  are  now  on  their  trial  for  the  offense  above  mentioned,  and 
whereas,  there  is  no  longer  any  necessity,  for  the  existence  of  Martial  Law 
in  said  counties; 

Therefore  be  it  known,  that  T,  Isaac  I.  Stevens,  Governor  of  the  territory 
of  Washington,  do  hereby  abrogate  martial  law  in  the  said  counties  of  Pierce 
and  Thurston. 

Given  under  my  hand  at  Olympia  this  24th  day  of  May,  in  the  year  of  our 
Lord  eighteen  hundred  and  fifty  six,  and  the  year  of  Independence  the  eighth - 
ieth.  ISAAC  I.  STEVENS. 

Gov.  Ter.  Washington." 


